Fair Work Ombudsman v Corioliss Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Corioliss Pty Ltd (Corioliss) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) (the Act) by Corioliss, specifically relating to the underpayment of wages to an employee. The FWO sought pecuniary penalties and orders for the recovery of the underpaid wages.

The primary legal issue before the Court was whether Corioliss had contravened section 50 of the Act by failing to pay an employee the minimum wage rates and entitlements as prescribed by the relevant modern award, the *Hair and Beauty Industry Award 2010*. This involved determining the correct classification of the employee under the award and the corresponding minimum wage and other entitlements, such as penalty rates for weekend work.

Judge Hartnett found that Corioliss had indeed contravened the Act. The Court reasoned that the employee had been incorrectly classified and paid below the minimum rates stipulated by the *Hair and Beauty Industry Award 2010*. The Court applied the principles of award interpretation, focusing on the duties and responsibilities of the employee to ascertain their correct classification. The Court also considered the evidence presented regarding the hours worked, including weekend shifts, to calculate the extent of the underpayment.

Consequently, the Court ordered Corioliss to pay pecuniary penalties for the contraventions and to rectify the underpayments to the employee, including the recovery of outstanding wages and entitlements.